Royalty Report: Medical, Device, Surgical – Collection: 98161

License Grant

Licensor hereby grants Licensee an exclusive license to make, have made, use and sell Licensed Product anywhere in the Territory.

Licensors grant a non-exclusive license to Licensee to use Licensed Trademarks in connection with medical/surgical instruments, tissue aspiration and aspirators for use in liposuction. Licensors represent they will not manufacture, sell, distribute or issue another license of Licensed Trademarks for manufacture, sale, or distribution of medical/surgical instruments, tissue aspiration and/or aspirators for use in liposuction as granted Licensee so long as Licensee is otherwise in compliance with this Modified License Agreement.  Licensor explicitly retains an unrestricted right to use trademarks to indicate the use of such branded instruments in one or more surgical centers and to sell or distribute products manufactured by and purchased from Licensee in those centers to other physicians at demonstrations or seminars.

Part of the modifications address a change in the royalty rate.

License Property

Licensed Product. Licensed Product shall mean a product made, sold or used for liposuction and covered by one (1) or more valid claims of the Licensed Patents relating to the liposuction field of use.

Licensors are the exclusive owner of all right, title and interest in and to the allowed U.S. Trademarks Airbrush (2,915,009), Airbrush Liposculpture (2,972,590), and Airbrush & Design (2,978,135), (hereinafter Licensed Trademarks) in connection with medical/surgical instruments, tissue aspiration and aspirators.

Licensors are the exclusive owner of all right, title, and interest in and to issued U.S. Patent Nos. 5,112,302, 5,348,535, 5,643,198, 5,795,323, 6,346,107, 6,394,973, 6,761,701, 6,6,652, 522, 6,8,72,199, 7,112,200 B2, 7,381,206 B2, 7,384,417, and the following pending U.S. Patent Applications 11/081,885, 11/145,027, 11/552,799, 11/981,206 B2, and European Patent Organization Application 94306845.2 and any reissues thereof (hereinafter Licensed Patents).

Field of Use

This agreement pertains to the medical industry relating to the liposuction field of use in connection with medical/surgical instruments, tissue aspiration and aspirators.

License Grant

Licensor hereby grants Licensee, under the Licensed Patents, an exclusive license to make, have made, use and sell Licensed Product anywhere in the Territory. This license will however be subject to the non-exclusive licensing agreements issued previously.

License Property

Licensed Product shall mean a product made, sold or used for liposuction and covered by one (1) or more valid claims of the Licensed Patent.

Licensors are the exclusive owner of all right, title, and interest in and to issued U.S. Patent Nos. 5,112,302, 5,348,535, 5,643,198, 5,795,323, and the following pending U.S. Patent Applications 08/976,073 (allowed) and 09/507,266, Canadian Patent Application 2132395, and European Patent Organization Application 94306845.2 and any reissues thereof (hereinafter “Licensed Patents”).

Licensors have filed Intention to Use Applications with the U.S. Patent and Trademark Office, for use of Airbrush (78/062269), Airbrush Liposculpture (78/063354), Liposculptor (78/064272), and Airbrush Biosculpture (78/063350), (hereinafter Licensed Trademarks) in connection with medical/surgical instruments, tissue aspiration and aspirators.

Field of Use

This agreement pertains to the medical industry in connection with medical/surgical instruments, tissue aspiration and aspirators.  A method and apparatus is disclosed for mechanically-assisted liposuction treatment.

License Grant

The parties now wish to enter into a new exclusive license agreement, as hereinafter set forth, whereby Licensor is to grant to Licensees the exclusive license within the Territories to market and sell the System now and hereafter produced by Licensor, during the term of this Agreement, solely for uses in body sculpting, liposuction, or lipscuplturing, and for no other use, and Licensee desires to enter into the Agreement and to assign its rights thereunder to Lysonix, while remaining fully liable for performance and payment of all obligations thereunder on the part of Lysonix.

License Property

Licensee to Receive Exclusive marketing and sales rights to the System in the Territories utilizing Ultrasonic Liposuction technology and know-how (including but not limited to Patent No. 5,419,761; and all improvement patents and patent applications and foreign patents relating to ultrasonic equipment) which pertain to the Procedure, however, Licensor retains the rights to exploitation of the System and its ultrasonic technologies for all other applications, medical and non-medical, other than body sculpting, liposuction and lipsculpturing.

Patent No. 5,419,761 – relating to ultrasonic equipment

Field of Use

This agreement pertains to the medical industry.